DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
SIN
Docket No: 09625-08
14 August 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code, section 1552.
A three-member panel’ of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 August 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 13 December 1972 at age 19. During the period from
18 June 1973 to 27 January 1975, you received six nonjudicial
punishments (NJP's) for possession of marijuana, four periods of
unauthorized absence (UA) totaling nine days, and two instances
o£ absence from your appointed place of duty. On 11 August 1975,
you were convicted by civil authorities of two counts of armed
robbery. You were sentenced to eight to 10 years in jail.
On 1 December 1975, you were processed for an administrative
discharge by reason of misconduct due to civil conviction. You
were notified of this pending administrative separation action
and elected to consult counsel and have your case heard by an
administrative discharge board (ADB).
On 19 May 1976, an ADB found that you had committed misconduct
due to civil conviction, and recommended an undesirable
discharge. Subsequently, your commanding officer forwarded your
case to the discharge authority concurring with the findings and
recommendations of the ADB. On 17 June 1976, the discharge
authority directed that you be separated with an undesirable
discharge by reason of civil conviction. You were so discharged
on 15 duly 1976.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge given your record of six NUJP’s, conviction by civil
authorities for serious offenses, and subsequent incarceration.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
iS.
Lo Naat
' \exle
W. DEAN P
Executive Dike
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